A 42-year-old man convicted in 2012 for his alleged role in the 2010 assault and kidnapping of a Manning businessman and who had his conviction successfully overturned two years later has now had that conviction reinstated.
The South Carolina Supreme Court, in an order released Wednesday, said that Michael Wilson Pearson's conviction for first-degree burglary, armed robbery, grand larceny, kidnapping and possession of a weapon during the commission of a violent crime will stand.
Pearson was sentenced to a total of 60 years in prison on the charges after a trial held four years ago in 3rd Circuit Court.
His jury heard that he and Victor McCoy Weldon jumped Edward “Slick” Gibbons about 6:15 a.m. May 15, 2010, as Gibbons exited his garage. The men robbed Gibbons of about $840, beat him and wrapped duct tape around his head. Following the attack, the men fled the scene in Gibbons’ 1987 Chevrolet El Camino. The vehicle was found 30 minutes later, abandoned on the side of a nearby road.
Pearson alleged in 2014 in his then-successful appeal that a fingerprint recovered from the rear of the vehicle and matched to him was placed there during his time working on the Gibbons property, not during the course of the crime.
According to a decision written by the Court of Appeals, Pearson argued that “the state failed to present substantial circumstantial evidence of his involvement in any of the crimes charged and, therefore, the trial court erred in denying his motion for a directed verdict. We reverse.”
“Pearson argued that even though his fingerprint was found on the outside of Gibbons’ car, the fingerprint was insufficient to place him at the crime scene because he lived only a block from Gibbons’ store and there was expert testimony indicating a fingerprint could remain on the surface for an indeterminate period,” the appeals court’s decision reads.
The state Supreme Court disagreed, however, agreeing with the state Attorney General's Office that "the Court of Appeals reached its decision based on the 'mere possibility' that Pearson may have had an opportunity to come in contact with the victim's vehicle before the crimes occurred."
The court also noted that Pearson gave conflicting testimony at his trial and in his appeal, claiming the fingerprint came from prior contact, but then also denying he had any prior contact with the victim or that he even knew the victim.
"Viewing this evidence in the light most favorable to the state, we conclude the evidence could induce a reasonable juror to find Pearson guilty," the court noted, finding that the state presented five facts during the course of it's case against Pearson in 2012:
Pearson's fingerprint was found on the stolen vehicle, which was located about two miles from victim's home within 30 minutes of the crime;
Pearson denied that he had contact with the victim's vehicle, knew the victim or knew where he lived;
Victim testified that before the suspects drove away, one of the men, who was riding in the open back of the vehicle, got out of the vehicle and returned to attack him, possibly leaving the fingerprint;
Pearson and Weldon were in the same vocational rehabilitation training program during a four-day period, and could have reasonably known one another, whereas the suspect said he didn't know Weldon before the trial; and
DNA evidence on the duct tape removed from victim's head was matched to Weldon.
"Accordingly, we reverse the decision of the Court of Appeals and affirm Pearson's convictions and sentences," the Supreme Court order reads.
Weldon also received 60 years for the same charges in 2012. The state had more substantial circumstantial evidence tying him to the attack, according to the appeals court’s decision. The state Supreme Court took no action on Weldon's portion of the case.
